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Andrea C. WEATHERS, Plaintiff-Appellant, v. Thomas J. ZIKO; Gregory Connor; Herbert B. Peterson; Jonathan Kotch; Barbara K. Rimer; Sandra L. Martin; The University of North Carolina at Chapel Hill, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2016-05-16No. No. 15-2485
648 F. App'x 350

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Opinion

majority opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Andrea C. Weathers appeals the district court’s order dismissing her federal claims with prejudice and her state law claims without prejudice and its order denying her Fed.R.Civ.P. 59(e) motion to alter and amend its judgment. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders. See Alvarado v. Bd. of Tr. of Montgomery Cmty. Coll., 928 F.2d 118, 121 (4th Cir.1991) (requiring plaintiff alleging discrimination based on failure to promote to demonstrate that she applied for promotion and was qualified for promotion); Square Constr. Co. v. Washington Metro. Area Trans. Auth., 657 F.2d 68, 71 (4th Cir.1981) (requiring party to “demonstrate the existence of a meritorious claim or defense” to obtain relief through Fed.R.Civ.P. 60(b)(3)); see also Pueschel v. United States, 369 F.3d 345, 355-56 (4th Cir.2004) (“[T]he doctrine of res judicata not only bars claims that were actually litigated in a prior proceeding, but also claims that could have been litigated.”). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.